The court directed the Additional Judge, Saharanpur, to decide the cheque bounce case (Section 138 NI Act) within six months to ensure expeditious justice. The writ petition was allowed with this direction.
Disposed of Case No. 5100 of 2020 within six months from the date of the order.
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Court No. - 90
Case :- MATTERS UNDER ARTICLE 227 No. - 874 of 2022
Petitioner :- Surendra Pal Respondent :- Shyam Singh Counsel for Petitioner :- Vinay Kumar Pandey
Hon'ble Mrs. Sadhna Rani (Thakur),J.
Heard learned counsel for the petitioner and perused the record.
This petition under Article 227 of the Constitution of India has been filed with a prayer to direct the court concerned to decide the Case No. 5100 of 2020 (Surendra Pal Vs. Shyam Singh) under Section 138 of Negotiable Instrument Act, 1881 Police Station Badgaonv District Saharanpur within the stipulated period.
As the case is of the year 2020, the Additional Judge, Saharanpur is directed to decide the above mentioned case expeditiously preferably within six months from the date of producing a copy of this order, if there is no legal impediment.
The writ petition is allowed accordingly.
Order Date :- 4.3.2022 gp
Digitally signed by GANESH PRAKASH Date: 2022.03.04 16:51:36 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the Subordinate Court should be directed to decide the pending cheque bounce case expeditiously.
Whether a direction to decide the case within six months under Article 227 is legally sustainable.
2 provisions across 2 enactments
Surendra Pal
Shyam Singh
Sadhna Rani
Ganesh Prakash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
